St. Augustine Probate Attorney

Probate Lawyer in St. Augustine, FL

There’s no denying that probate can be a challenging process for a family to go through. It’s often full of complications and confusion. Unfortunately, it’s also not uncommon for these situations to turn contentious. No one wants their family to struggle after their death, and one of the most effective ways to avoid much of the hassle and difficulty of probate is by working with a St. Augustine probate attorney.

At the Law Office of Douglas A. Oberdorfer, P.A., we’re equipped with decades of experience in estate planning and administration. We help our clients both prepare for probate and work through the process, and we’re prepared to help you and your family.

Preparing For Probate

Lately, Florida has seen over 140,000 probate court filings every year. In fiscal year 2023-2024, there were about 146,763 filings and 146,177 dispositions statewide.

The process of preparing for Probate is a part of estate planning in general. In many cases, preparing your estate for Probate can involve something like putting together a will. This document can serve as a guide through the probate process and make clear how you would like assets managed and divided. It should name an executor who will see the process through and name beneficiaries to receive the assets.

The Will is critical to the probate process because, without at least a will, your assets will have to pass through intestate rules and guidelines, which means you won’t have any say in what happens with your assets.

For others, preparation for Probate can mean considering options for avoiding the process if possible. Probate has the disadvantages of being costly and being exposed to certain financial impacts. It’s also public, which means that the assets within your estate and how they are distributed become a matter of public record.

These and other issues often lead to people wanting to avoid Probate. This is typically achieved through the use of one or several forms of trusts. If a trust is prepared properly, the assets within it will be shielded from the probate process.

The need for Probate

Probate is only required for assets owned solely by the decedent in Florida. Whether or not you need Probate depends on how the property is titled and what type of asset you own. Understanding the difference between probate assets and non-probate assets allows families to save time, money, and frustration during an otherwise emotional process. Common assets in Florida that require Probate include:

• Largely consists of assets held in an individual’s name only
• Real estate located in Florida titled in the decedent’s sole name or as tenants in common
• Bank and investment accounts only in the decedent’s name.
• Life insurance and retirement benefits with no named beneficiary or payable to the estate.

While these situations call for Probate, there are several situations where Probate will likely be unnecessary. These include:

• Accounts with payable on death (POD) or transfer on death (TOD) beneficiaries.
• Jointly owned property with rights of survivorship.
• Property owned with spouse as tenants by the entirety.
• Assets titled in a revocable trust that has been properly funded.

Knowing what property will not need to pass through Probate allows families to take steps to lessen the amount of property that may require Probate after death. Property owned in trust or accounts with POD or TOD beneficiaries can bypass Probate altogether.

St. Johns County Probate Case

Once you know what property will have to pass through Probate, you may want to know what happens during Probate. While every estate is different, most probate cases in St. Johns County will look something like this:

• Locate the will and death certificate. These documents will be needed to petition to open Probate.
• File paperwork to open the estate in the county of the decedent’s domicile. In most cases, this is the St. Johns County Clerk of the Circuit Court, 4010 Lewis Speedway, St. Augustine, FL 32084.
• The Court will officially designate the Petitioner as the personal representative with executor duties and grant Letters of Administration to enable actions on behalf of the estate.
• Locate, secure, and value all assets of the estate. A thorough search will help ensure all assets are properly accounted for during inventory.
• Creditors will be given notice and allowed to file claims against the estate.
• Valid claims, funeral expenses, taxes, and expenses of administration are paid.
• Remaining funds are distributed to beneficiaries or heirs and/or transferred back to the decedent’s trust.
• File final accounting with the Court and obtain a personal representative’s discharge.

Working with a probate lawyer in St. Augustine gives you a chance to breathe while handling probate matters. The preparation of your estate helps minimize the work your family will face during administration. An experienced attorney can help your family navigate the probate process by helping meet deadlines, avoiding costly mistakes in paperwork, and eliminating family conflict whenever possible.

Hire a Probate Attorney

A probate lawyer in St. Augustine, FL, can take on several different roles and assist with many of the elements of Probate. For many people, this process begins well before Probate takes place. The process of Probate can often be very difficult and has the possibility of turning contentious. The less prepared an estate is for the probate process, the more likely it is that this will be the case.

Working with a probate lawyer prior to your death can make the process easier for your family when the time for Probate arrives. They can assist a family through the probate process. While Probate will follow a predetermined structure, complications can often arise. A probate lawyer can serve as a guide for the family and ensure that the proper procedures and processes are followed.

They may be able to help smooth out some of the potential conflicts that could be involved. They can also ensure that things like the proper paperwork, petitions to the Court, accounting statements, and other legal requirements are all followed.

A vital component of probate court can be the matter of addressing the debts and creditors, and a probate attorney can help identify and guide the proper payment procedures. A probate attorney can also ensure that assets are properly distributed according to the deceased’s Will. If there is any sort of conflict in the process of the execution of the Will, a probate lawyer can also serve as the legal representation in probate court and, if necessary, through litigation.

FAQs

Q: Is There a Way to Avoid Probate?

A: In most cases, the most effective means of avoiding Probate will be using a trust. These are estate planning tools that allow you to place assets within them. These assets are then owned by the trust and managed according to the rules and instructions of the trust. Trusts are not subject to the probate process, which means that the assets within will not be subject to the expenses, conflict, and public exposure that come along with Probate.

Q: What Are the Downsides of Going Through Probate?

A: Taking an estate through Probate can generally have several downsides. One of these is that the process is often a complex one. That complexity can often create confusion, which can turn into contention. Depending on how an estate is prepared, there is also the risk of greater financial exposure through the probate process. Lastly, Probate is a matter of public record, which means that the assets and distribution of the estate will be publicly available.

Q: Do You Need a Lawyer to Go Through Probate?

A: It is possible to attempt to go through the probate process with a lawyer. However, many who begin the process that way don’t finish without a lawyer’s involvement. It can be tremendously helpful to have someone experienced and knowledgeable as a resource when challenges inevitably emerge.

Q: How Long After Death Does the Probate Process Start in Florida?

A: One of the things that can make the probate process so challenging is that it often begins while families are still emotionally vulnerable and processing the death of their loved one. That’s because the Will must be filed with the probate court within a few weeks after the death. The actual probate process will commence shortly after that point.

St. Augustine Probate Attorney

At the Law Office of Douglas A. Oberdorfer, P.A., we understand not only the legal complexities of the probate process but also the emotional pressures and challenges a family faces at these times. We help our clients with all aspects of the probate process.

If you need help preparing for when you’re gone and want to make the process easier for your family, we can help you. Hire a probate attorney today who knows probate laws. If your loved one’s estate is about to go through Probate or is currently in the process, we can help you as well. Contact us today for your probate and estate planning concerns. Let us put our knowledge and experience to work for you.